SAMSUL ISLAM ALI Vs. STATE OF TRIPURA
HIGH COURT TRIPURA
Samsul Islam Ali
STATE OF TRIPURA
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(1.) By this appeal under Section 374(2) of the Cr.P.C, the convicts namely, Samsul Islam, Saiful Islam, Golab Ali and Mujib Ali, hereinafter referred to as the appellants, the judgment and order of conviction of sentence dated 09.05.2012 delivered in ST 61 (NT/K) of 2011 by the Sessions Judge, North Tripura, Kailashahar has been challenged. The appellants have been sentenced to suffer rigorous imprisonment for 7(seven) years and to pay a fine of Rs.10,000/- each, in default to pay the fine, they are to suffer simple imprisonment for 6(six) months for commission of offence punishable under Section 304-Part-II read with Section 34 of the India Penal Code. They have been further sentenced to pay a fine of Rs.1,000/- each and in default, to suffer simple imprisonment for one month for commission of offence punishable under Section 323 read with Section 34 of the Indian Penal Code.
(2.) One Asid Ali, PW-1 on 18.03.2011 filed a written ejahar disclosing that the accused persons whose names have been catalogued in the said ejahar on an incident of altercation between Rajib Ali, son of Abdul Khaleque and Farid Ali, son of Abdul Majid [nephew of the informant, Asid Ali] and one Ismail Ali, son of Aklich Ali which occurred in the Irani High School as Rajib, Farid and Ismail all were the students of the said school, the accused persons namely, Abdul Khaleque, Saiful Islam, Samsul Islam, Golab Ali, Mujib Ali and Ajijur Rahman raided the school with dao, lathi etc. by boarding an auto-rickshaw belonging to Ajijur Rahman. They broke out in free fight. Suruk Ali, Farid Ali and Firuj Ali had sustained bleeding injuries having received the lathi blows from Saiful Islam and Samsul Islam. They were immediately taken to Kailashahar Hospital, but Suruk Ali was immediately referred to the GBP hospital, Agartala for better management of the injuries.
(3.) Based on the said ejahar, Kailashahar P.S. case No.62 of 2011 under Section 325 read with Section 34 of the IPC was registered and taken up for investigation. But on the intervening night of 19/20.03.2011, Suruk Ali succumbed to the injuries. As a result, the investigation was conducted also under Section 302 read with Section 34 of the IPC. After completion of the investigation, the final police report was filed only against the appellants on discharging Abdul Khaleque and Ajijur Rahman from criminal liability as during the investigation no incriminating evidence was available against them. On commitment, the Sessions Judge, North Tripura, Kailashahar, as he then was, hereinafter referred to as the trial court, took cognizance and framed the charge against the appellants separately under Section 323 read with Section 34 of the IPC and Section 302 read with Section 34 of the IPC. The appellants pleaded innocence and claimed to be tried.;
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